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HUYLER'S v. RITZ-CARLTON RESTAURANT & HOTEL CO.

No. 4.

1 F.2d 491 (1924)

HUYLER'S v. RITZ-CARLTON RESTAURANT & HOTEL CO. OF ATLANTIC CITY.

District Court, D. Delaware.

September 8, 1924.

Attorney(s) appearing for the Case

H. H. Ward (of Ward, Gray & Neary), of Wilmington, Del., for plaintiff.

Robert H. Richards, of Wilmington, Del., for defendant.

MORRIS, District Judge.

Relying upon Woolley's Delaware Practice, §§ 431-435, and Gulf, C. & S. F. Ry. Co. v. Cities Service Co. (D. C.) 270 Fed. 994, the defendant moves that the declaration filed in this suit at law of Huyler's against "the Ritz-Carlton Restaurant & Hotel Company of Atlantic City" be stricken out upon the ground that there is a variance between the writ, which is in case, and the declaration, which, as the plaintiff contends, sets...

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